Judge Richard Posner is the Republican-appointed judge we need on the Supreme Court. He may not be the one we deserve, and will almost certainly not be the one we get, but it is fun to imagine.
* Why are so many law grads failing the bar exam? Law profs, a law dean, and a Biglaw recruiting specialist all have answers to this question… and only some of them come close to being satisfactory. [Room for Debate / New York Times]
* Jurors in the Dewey & LeBoeuf trial have deliberated for five days thus far, and seem to be no closer to coming to a verdict than when they first started. They’re quibbling over thesaurus entries for the word “fake” (i.e., “fake income”). [Am Law Daily]
* Thanks to the OnRamp Fellowship, more women lawyers are making a reentry into the legal profession through Biglaw firms than ever before. Participating firms now include Skadden Arps and MoFo, amongst others. Congrats! [Big Law Business / Bloomberg BNA]
* Law school enrollment may be stagnant across the country, but at Colorado Law, it’s booming. The size of the school’s incoming class is 22 percent larger than last year’s was. What can we say other than students were sTOKEd to get in. [Boulder Daily Camera]
* If you’re ever fired from your job, charged with insider trading, and the SEC wants access to your work phone, take heart in the fact that your personal passcode is just that — personal. The SEC can’t treat it as a business record thanks to this ruling. [WSJ Law Blog]
* Richard Cudahy Sr., longtime Seventh Circuit judge, RIP. [Milwaukee Journal Sentinel]
* Melvin Feliz, husband of Keila Ravelo, the partner who allegedly bilked Hunton & Williams and Willkie Farr out of millions to lead a life of luxury, pleaded guilty in the fraud case brought against him. Is she a prospective Real Housewife of Cellblock D? [Bergen Record]
* Sorry, Southwest passengers, but the Seventh Circuit says you’re stuck with your free drink vouchers, and the lawyers who represented you in this class-action suit are stuck with their $1.65 million. No one is happy up in the unfriendly skies. [Associated Press]
* China’s economy may be on the brink, but that doesn’t matter to Dentons. The firm is as happy as ever about its proposed merger with Dacheng because it really wants a horde of lawyers, so it’s gonna get one. It’s “almost absurd” to think otherwise. [Am Law Daily]
* As we mentioned yesterday, lawyers work too damn much — so much, in fact, that they’re quitting their Biglaw jobs, starting competitor practices, and poaching talent from top firms by offering them a sense of work-life balance. [Harvard Business Review]
* Kevin Fagan, perhaps better known as Juror 83 in the Dzhokhar Tsarnaev trial, is speaking to the media about his experience, and says he might’ve changed his death penalty vote if he had known the youngest victim’s parents opposed it. [WSJ Law Blog]
The benchslaps are fun, but the debate is real and important.
The Seventh Circuit affirms: $260,000 in educational debt for a law school grad can’t be discharged in bankruptcy.
* If Taylor Swift doesn’t like a photographer she just shakes it off… and then roughs him up according to her contract. [Gawker]
* Bankers commit crimes for the dumbest reasons. [Dealbreaker]
* Chadbourne closes its Beijing office, leaving the firm with no more boots on the ground in Asia. It’s like the Asian Pivot… but backward. [Big Law Business / Bloomberg BNA]
* The Florida Supreme Court just ordered the legislature to redraw some of the state’s congressional districts before 2016. All that hard gerrymandering work for nothing, huh? [Reuters via Yahoo News]
* Richard Hsu of Shearman & Sterling and the host of the Hsu Untied podcast finds himself on the other side of this interview. [One-400]
* Katten Muchin is back in hot water after the Seventh Circuit revived a malpractice suit. [Law 360]
* Judge Rakoff relishes an opportunity to sit by designation on the Second Circuit. [Dealbreaker]
* A reminder that Bloomberg BNA is hosting its inaugural Big Law Business Summit next week to hear from in-house counsel about the evolving relationship between Biglaw and its clients. [Big Law Business / Bloomberg BNA]
Judge Posner’s harsh critique of the Supreme Court raised eyebrows; what does His Honor have to say for himself?
People watch short videos to learn pretty much everything. And they do it exactly when they need to learn – whether it’s to tie a bow tie an hour before a wedding or make a martini just before the party starts. Hotshot is bringing that concept to the legal industry. We think you should be […]
Judge Posner sounds exacerbated by his colleagues in this benchslap from a recent dissent.
* Um, what’s the charge for “acting like you’re in Fast and Furious”? [Legal Juice]
* Republicans making moves to stop net neutrality. Netflix needs to start showing more Bible documentaries to sap this movement’s political will. [Bloomberg Politics]
* Professor Campos reviews a new paper on the future of higher education funding. [Lawyers, Guns & Money]
* The law dean at the University of New Brunswick is accused of “sexism, harassment, and, in one case, threats of violence by two of his former law school colleagues.” That’s some very un-Canadian behavior. But Levitt used to be the dean at Florida A&M, and that does sound like some very Floridian behavior. [CBC]
* How to make your shoes last longer. [Corporette]
* Michael Cannon and Professor Jonathan Adler use some pretty compelling evidence in their amicus brief decrying King v. Burwell. Unfortunately, they kind of made up a quote. When the woman they quoted tries to clear the record, Cannon tells her he understands what she clearly said better than she did. In a sense this is a microcosm for the whole case. [Constitutional Accountability Center]
* Morgan Lewis approves the Bingham deal, with 227 of the roughly 300 Bingham partners moving over as full partners. Morgan Lewis is calling it a “mass lateral move,” which is the nice way of telling the remaining 70+ partners (and whatever associates and staffers they don’t care to include) to enjoy early retirement. [American Lawyer; WSJ Law Blog]
* A follow up report on the horrific story of the lawyers accused of stabbing a managing partner and his wife. [Washington Post]
* Justice Scalia realizes that strict constructionists are just jerks. [The Onion]
* When the title of the story uses the phrase “super-drunk judge”… [Seattle Post-Intelligencer]
* Judge Posner took a detour into Jewish theology, apparently based on scholarly research from “Google” and “Wikipedia.” In his defense though, he thought he was citing the well-known Hebrew texts of “Elgoog” and “Aidepikiw.” [The Jewish Daily Forward]
* It may sound like a terrible horror movie, but “Darkhotel” is actually a campaign of cyberattacks against business executives logging in from their high-end hotels. [Internet, Information Technology & e-Discovery Blog]
* Um, Florida State may care so much about their (number 3) football team they gloss over criminal activity. And this article is NOT about Jameis Winston. [New York Times]
* Linda Greenhouse. Damn. “In decades of court-watching, I have struggled — sometimes it has seemed against all odds — to maintain the belief that the Supreme Court really is a court and not just a collection of politicians in robes. This past week, I’ve found myself struggling against the impulse to say two words: I surrender.” [New York Times]
* If you’re in L.A. tonight, check out the 6th Annual Justice Jam, celebrating “A Tradition of Advocacy” at 5:30 p.m. at La Plaza De Cultura y Artes. The event benefits Community Lawyers, Inc., an organization working to promote access to affordable legal services for low- and moderate-income individuals. [Community Lawyers, Inc.]
Another way the “War on Drugs” makes drug dealers more powerful.
* A unanimous Seventh Circuit panel, in an opinion by Judge Posner, just struck down Wisconsin and Indiana’s bans on same-sex marriage. The result isn’t surprising in light of the blistering benchslaps delivered by Judge Posner at oral argument, but the timing is faster than usual (for a federal appellate opinion in a high-profile case, not for the prolific Posner). [BuzzFeed]
* Bad news for Cahill Gordon: the Third Circuit just revived a fraud case against the high-powered firm and one of its clients, a unit of BASF. [WSJ Law Blog]
* And badder news for BP: a federal judge just concluded that the oil giant was grossly negligent in connection with the 2010 Gulf of Mexico oil spill. [New York Times]
* Freshfields gets fresh talent, adding former Wachtell partner Mitchell Presser and former Skadden partner James Douglas to its ranks. [American Lawyer]
* The dean of Seton Hall Law, Patrick Hobbs, will step down from the deanship at the end of the current academic year. Congratulations to Dean Hobbs on a long and successful tenure. [South Orange Juice]
* And congratulations to John Grisham and Jason Bailey, winners of, respectively, the 2014 Harper Lee Prize for Legal Fiction and the 2014 ABA Journal/Ross Short Fiction Contest. [ABA Journal]
* Brittany McGrath, Brooklyn Law class of 2014, RIP. [TaxProf Blog]